AFTERNOON - Human Rights Council Adopts Universal Periodic Review Outcomes of Liberia and Jamaica, Starts General Debate on Human Rights Bodies and Mechanisms
Special Procedures Are Ready to Contribute to Make the Call to Action for Human Rights a Reality, Chairperson of Coordination Committee of Special Procedures Tells Human Rights Council
The Human Rights Council this afternoon adopted the Universal Periodic Review outcomes of Liberia and Jamaica. It also heard the presentation of reports of the Forum on Minority Issues, the Social Forum, and the Special Procedures, followed by a general debate under agenda item 5 on human rights bodies and mechanisms.
The Council heard the presentation of reports from the Forum on Minority Issues on hate speech, social media and minorities; the Social Forum on a summary of the discussions, conclusions and recommendations of the 2020 Social Forum; and the Secretariat on the activities of special rapporteurs, independent experts and working groups of the Special Procedures of the Human Rights Council in 2020, including updated information on Special Procedures.
Fernand de Varennes, Special Rapporteur on minority issues, presenting the report on the thirteenth session of the United Nations Forum on Minority Issues, outlined three categories of recommendations. The time had come for a human rights-driven international regulatory framework. Minorities needed to be prioritised because in scale they were the overwhelming targets of hate speech in social media. Social media platforms had to synchronise their community standards with international human rights obligations, particularly to protect minorities.
Vaqif Sadiqov, Permanent Representative of Azerbaijan to the United Nations Office at Geneva and Co-Chair-Rapporteur of the Social Forum, presenting the 2020 Social Forum report, said the Forum had agreed that neo-liberal policies, structural adjustment and privatisation undermined States’ capacity to deliver public services, violating minimum core standards. Several forward-looking recommendations had emerged from the 2020 Social Forum. Urgent and bold response packages to recover from COVID-19 and its consequences should aim at a more resilient, equal and sustainable world with justice in all dimensions.
Anita Ramasastry, Chairperson of the Coordination Committee of Special Procedures, said that mandate holders had undertaken their own assessment on an individual basis, launching consultations and processes to evaluate their achievements. This was an integral part of the efforts to ensure that human rights were transformative and provided solutions, as stressed in the Call to Action for Human Rights. Ms. Ramasastry said she and her colleagues were willing to contribute to making this Call a reality. Ensuring that the human rights pillar received the necessary resources on a sustainable basis was essential in this context.
The President of the Council recalled that due to the ongoing COVID-19 crisis, the thirteenth session of the Expert Mechanism on the Rights of Indigenous Peoples that was initially scheduled to take place from 8 to 12 June 2020, was postponed to 30 November to 4 December 2020. Consequently, the annual report of the Mechanism had been submitted for the current session. Any comments made by delegations on the Expert Mechanism’s annual report would be transmitted to the Expert Mechanism through the secretariat.
The Council then began the general debate on human rights bodies and mechanisms.
In the discussion, speakers were deeply concerned about the lack of regular funding of the human rights mechanisms, including the treaty bodies and the Office of the High Commissioner. The Special Procedures played a crucial role in informing the Council about country and thematic situations and in developing the normative framework. Other speakers said the Consultative Group had to apply procedural guidelines on equitable geographical representation, representation of different legal systems and gender equality. Mandate holders had to adhere to their Code of Conduct. In order to prevent politicisation, the effectiveness of the human rights system had to be enhanced.
Speaking in the general debate were Portugal on behalf of the European Union, Pakistan on behalf of the Organization of Islamic Cooperation, Cameroon on behalf of the Group of African States, Azerbaijan on behalf of the Non-Aligned Movement, Morocco on behalf of a group of countries, Luxembourg on behalf of a group of countries, Latvia on behalf of Nordic and Baltic countries, Philippines on behalf of the Association of Southeast Asian Nations, India on behalf of a like-minded group, Germany, Venezuela, Indonesia, Philippines, Togo, Russian Federation, Japan, Pakistan, India, Cameroon, Nepal, China, Austria, Cuba, Italy, Iraq, Jordan, Kazakhstan, South Africa, Iran, Algeria, Belarus, Azerbaijan, Syria, Georgia, Cambodia, and the United Nations Educational, Scientific and Cultural Organization.
At the beginning of the meeting, the Council adopted the Universal Periodic Review outcomes of Liberia and Jamaica.
Speaking on the Universal Periodic Review outcome of Liberia were United Nations Children's Fund, United Nations Population Fund, Venezuela, Belgium, Botswana, Burundi, Chad, China, Cuba, Djibouti, Ethiopia, India and Libya.
The following civil society organizations took the floor on the Universal Periodic Review outcome of Liberia: Commission of the Churches on International Affairs of the World Council of Churches, International Service for Human Rights, International Lesbian and Gay Association, Human Rights Watch, Rencontre Africaine pour la défense des droits de l'homme, and Advocates for Human Rights.
Speaking on the Universal Periodic Review outcome of Jamaica were Venezuela, Botswana, Brazil, China, Cuba, Guyana, Haiti, India, Marshall Islands, Morocco, Namibia, Nepal and Pakistan.
The following civil society organizations took the floor on the Universal Periodic Review outcome of Jamaica: Commonwealth Human Rights Initiative, Commission of the Churches on International Affairs of the World Council of Churches, International Planned Parenthood Federation, United Nations Watch, Advocates for Human Rights, and Rencontre Africaine pour la défense des droits de l'homme.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-sixth regular session can be found here.
The Council will next meet on Thursday, 18 March at 10 a.m. to continue the general debate on human rights bodies and mechanisms, followed by a general debate under agenda item 6 on the Universal Periodic Review.
Consideration of Outcome of Universal Periodic Review of Liberia
Documentation
The Council has before it the Report of the Working Group on the Universal Periodic Review on Liberia (A/HRC/46/6).
Presentation by Liberia
FRANK MUSAH DEAN, JR., Minister of Justice and Attorney General of Liberia, stated that after careful deliberations, he was pleased to report that out of 218 recommendations, 166 recommendations were accepted by the Government and people of Liberia, while 52 recommendations were noted. Recommendations that were noted did not imply that they did not enjoy any support from the Government of Liberia, but that the Government was not in a position to commit to them without requisite preparation. Liberia’s achievements included purposeful engagement with traditional chiefs and elders with regards to female genital mutilation and active support for the Liberia Truth and Reconciliation Commission. The Independent National Commission on Human Rights had established a desk and recruited paid staff to receive complaints of human rights violations.
Discussion
Speakers welcomed Liberia’s commitment to ensure free birth registration for all children and legal abolition of the death penalty. However, it was regrettable that the Government only took note of the recommendations regarding the prevention and response to sexual and gender-based violence, including female genital mutilation. Efforts to address the needs of vulnerable groups, including girls with disabilities, were welcomed. Some speakers noted efforts undertaken to address gender equality and gender-based violence, including the setup of legal aid clinics to facilitate cases for women who had experienced gender-based violence and the deployment of public defenders to provide legal services. The landmark passage of the Land Rights Act in 2018 which formalised land ownership for indigenous and customary communities was commended.
The President of the Council informed that out of 218 recommendations received, 166 enjoyed the support of Liberia, while 52 had been noted.
Concluding Remarks
ABRAHAM KURIAN KAMARA, Second Secretary of the Permanent Mission of Liberia to the United Nations Office at Geneva, underscored the fact that the Universal Periodic Review process was critical to Liberia’s peace and development, and believed that emphasis should now focus on the implementation of recommendations. Mr. Kamara said that recommendations from the Universal Periodic Review should be more action-oriented and implementable, taking into account national capacities and socio-economic conditions on the ground.
The Council then adopted the outcome of the Universal Periodic Review of Liberia.
Consideration of Outcome of Universal Periodic Review of Jamaica
Documentation
The Council has before it the Report of the Working Group on the Universal Periodic Review on Jamaica (A/HRC/46/18).
Presentation by Jamaica
KAMINA JOHNSON SMITH, Minister of Foreign Affairs and Foreign Trade of Jamaica, said Jamaica had received a total of 170 recommendations, of which 120 were accepted and 50 were noted. In respect of the recommendations accepted by Jamaica from the second review cycle, the majority had been successfully implemented. Progress had been made regarding gender equality such as the 2016 Gender Equality Seal Programme and an increased focus on improving the number of women in leadership positions. She further highlighted Jamaica’s progress in the areas of human rights education and training; protection of children; persons with disabilities; and the right to development. The Government continued to pursue national transformation through the National Development Plan Vision 2030, which was fully aligned with the Sustainable Development Goals.
Discussion
Speakers encouraged Jamaica to abolish the death penalty, appreciating the fact that a de facto moratorium on executions had been in place since 1988. Jamaica was commended for the high number of accepted recommendations. Some speakers urged Jamaica to continue strengthening strategies for poverty reduction and the public health sphere, especially with regards to sexual and reproductive health. Efforts to tackle gender-based violence, child abuse and trafficking were welcomed. Incidents of abuse by police and security forces, especially in the context of COVID-19, were concerning - impunity must be tackled. Some speakers said the national response to violence against children should be more consolidated. Jamaica’s lesbian, gay, bisexual and transgender persons were suffering due to a lack of gender identity protection and homophobic laws.
The President of the Council informed that out of 170 recommendations received, 120 enjoyed the support of Jamaica, while 50 had been noted.
Concluding Remarks
CHERYL SPENCER, Permanent Representative of Jamaica to the United Nations Office at Geneva, noted that as a small island developing State, Jamaica was proud of its human rights record and had, despite challenges, worked assiduously to improve the progress made in successive Universal Periodic Review cycles, in synergy with the National Development Plan and the aim of promoting the full realisation of human rights for all members of the Jamaican society.
The Council then adopted the outcome of the Universal Periodic Review of Jamaica.
Presentation of Reports under Agenda Item 5 on Human Rights Bodies and Mechanisms
Reports
The Council has before it the report of the Forum on Minority Issues A/HRC/46/58 on hate speech, social media and minorities
The Council has before it the report of the 2020 Social Forum A/HRC/46/59 on a summary of the discussions, conclusions and recommendations of the 2020 Social Forum
The Council has before it the report of the Secretariat A/HRC/46/61 on the activities of special rapporteurs, independent experts and working groups of the special procedures of the Human Rights Council in 2020, including updated information on special procedures and an Addendum A/HRC/46/61/Add.1 on the facts and figures with regard to the special procedures in 2020
The Council has before it the report of the Expert Mechanism on the Rights of Indigenous PeoplesA/HRC/46/72 on its annual activities
Presentation of Reports
FERNAND DE VARENNES, Special Rapporteur on minority issues, presented the report on the thirteenth session of the United Nations Forum on Minority Issues, held on 19 and 20 November 2020 on the subject of hate speech, social media and minorities. In 2020, two regional forums were held for Asia-Pacific and Europe and the contributions of the participants had enriched the recommendations for this report. The core message from the recommendations of the Forum on Minority Issues was that efforts to fight the tsunami of hate and xenophobia in social media appeared to be largely failing because hate was increasing, not diminishing. What had also failed was the recognition of who were the victims of hate speech: in many countries, these were overwhelmingly, three-quarters or more, members of minorities. Minority women were particularly disproportionately targeted by hate speech online.
The recommendations could be distilled into three main groupings: 1. The time had come for a human rights-driven international regulatory framework. The current lack of certainty over how to tackle hate speech whilst respecting freedom of expression had often led to inaction. 2. The central message of many recommendations was that minorities needed to be prioritized because in scale they were the overwhelming targets of hate speech in social media. Minorities were the only groups which could and had been targeted by hate speech in social media for mass atrocities, ethnic cleansing and even the final solution of genocide. They had to be prioritized in State measures to protect the most vulnerable first and foremost. While some States focused on a few minorities - such was in the case of anti-Semitism, Islamophobia and anti-Gypsyism, this needed to be systematic, comprehensive and consistent. 3. Social media platforms had to synchronise their community standards with international human rights obligations, particularly to protect minorities.
VAQIF SADIQOV, Permanent Representative of Azerbaijan to the United Nations Office at Geneva and Co-Chair-Rapporteur of the Social Forum, presenting the 2020 Social Forum report, noted that it focused on good practices, success stories, lessons learned and current challenges in combatting poverty and inequalities during its latest meeting on 8 and 9 October 2020. The Social Forum had included excellent contributions from almost 40 speakers representing governments, international organizations, civil society and academia, guided by a “poverty matrix” prepared by the Special Rapporteur on extreme poverty, the core human rights treaties, the Declaration on the Right to Development, and other human rights instruments. The Forum had agreed that neo-liberal policies, structural adjustment and privatisation undermined States’ capacity to deliver public services, violating minimum core standards and the progressive realisation of socioeconomic rights.
Several forward-looking recommendations had emerged from the 2020 Social Forum. Urgent and bold response packages to recover from COVID-19 and its consequences should aim at a more resilient, equal and sustainable world with justice in all dimensions. All human rights must be placed at the forefront in building better, fairer and greener societies for present and future generations. Measures on debt suspension and debt cancellation should be extended to allow developing countries to deliver on human rights, sustainable development and climate targets. States should ensure universal access to COVID-19 vaccines and treatments as global public goods, including by supporting the waiver of certain provisions of the World Trade Organization TRIPs agreement. States should remove or refrain from imposing unilateral coercive measures, especially those that aggravated poverty and inequality in targeted countries.
ANITA RAMASASTRY, Chairperson of the Coordination Committee of Special Procedures, welcomed the fact that the Council had continued its work during the COVID-19 pandemic, but strongly hoped to resume all necessary forms of interaction with the Council as soon as possible. Engaging with the Council through a two-hour exchange by screen excluded all possibilities to develop and deepen further the dialogue on human rights. The report demonstrated that mandate holders had shown creativity, dedication and renewed determination to overcome current challenges. Communications remained one of the main tools to provide victims of human rights violations with the necessary support and redress, with 681 communications sent in 2020. The response rate had increased to 48.46 per cent, which was welcomed, but Ms. Ramasastry called on all States to respond to communications.
Mandate holders had undertaken their own assessment on an individual basis, launching consultations and processes to evaluate their achievements. This was an integral part of the efforts to ensure that human rights were transformative and provided solutions, as stressed in the Call to Action for Human Rights. Ms. Ramasastry said she and her colleagues were willing to contribute to making this Call a reality. Ensuring that the human rights pillar received the necessary resources on a sustainable basis was essential in this context. The number of standing invitations continued to increase and more than 50 dignitaries who had participated in the high-level segment at this session had stated their commitment to cooperate with mandate holders. The COVID-19 pandemic and the financial situation of the United Nations had obliged the Coordination Committee to revise its plans and priorities. Despite these challenges, the Committee had found alternative ways to meet its objectives, maintaining dialogue with colleagues, States and civil society.
General Debate
Speakers were deeply concerned about the lack of regular funding of the human rights mechanisms, including the treaty bodies and the Office of the High Commissioner. Some speakers said the Special Procedures played a crucial role in informing the Council about country and thematic situations and in developing the normative framework. Others said that the Consultative Group had to apply procedural guidelines on equitable geographical representation, representation of different legal systems and gender equality. Mandate holders had to adhere to their Code of Conduct. In order to prevent politicisation, the effectiveness of the human rights system had to be enhanced. All forms of intimidation and reprisals were condemned, particularly with regards to the mandate holders and the Bureau had a key role in addressing this. The imprudent use of mass and social media by mandate holders should be avoided, particularly their press releases. The commitment of the United Nations and of its technical and financial partners to the COVAX initiative was welcomed.
States were urged to raise concerns regarding the Special Procedures’ conduct through the Internal Advisory Procedure. The Coordination Committee was encouraged to sustain dialogue with States on strengthening the work of the Special Procedures in better assisting States to fulfil their human rights obligations. The Secretary-General’s commitment to sufficiently fund the human rights pillar was welcomed but the Office of the High Commissioner must make its voice heard in the budgeting process and all Member States had to pay their outstanding dues timely. The Council should address non-compliance exhibited by the Special Rapporteur on the right to privacy, particularly his inability to produce reports on his numerous country visits. Additional expenditures incurred by adopting resolutions with programme budget implications could affect the sustainability and effectiveness of the Council, in particular under the current financial situation, worsened by the COVID-19 pandemic. The Social Forum constituted a unique space for respectful dialogue between the most diverse actors.
HRC21.045E